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REFERENCE TITLE: health professionals; state regulation; exemption |
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State of Arizona Senate Fifty-first Legislature Second Regular Session 2014
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SB 1379 |
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Introduced by Senators Barto: Ward
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AN ACT
Amending section 12‑571, Arizona Revised Statutes; repealing section 32-1428, arizona revised statutes; amending section 32-1431, arizona revised statutes; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32‑3217; relating to health professionals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-571, Arizona Revised Statutes, is amended to read:
12-571. Qualified immunity; health professionals; nonprofit clinics; previously owned prescription eyeglasses
A. A health professional, as defined in section 32‑3201, or who meets the requirements of section 32‑3217 who provides medical or dental treatment within the scope of the health professional's certificate or license at a nonprofit clinic where neither the professional nor the clinic receives compensation for any treatment provided at the clinic is not liable in a medical malpractice action, unless such health professional was grossly negligent.
B. A health professional who, within the professional's scope of practice, provides previously owned prescription eyeglasses free of charge through a charitable, nonprofit or fraternal organization is not liable for an injury to the recipient if the recipient or the recipient's parent or legal guardian has signed a medical malpractice release form and the injury is not a direct result of the health professional's intentional misconduct or gross negligence. For purposes of this subsection, "medical malpractice release form" means a document that the recipient or the recipient's parent or legal guardian signs before the recipient receives eyeglasses pursuant to this subsection to acknowledge that the eyeglasses were not made specifically for the recipient and to accept full responsibility for the recipient's eye safety.
Sec. 2. Repeal
Section 32-1428, Arizona Revised Statutes, is repealed.
Sec. 3. Section 32-1431, Arizona Revised Statutes, is amended to read:
32-1431. Inactive license; application; practice prohibitions
A. A person holding a current active license to practice medicine in this state may request an inactive license from the board if both of the following are true:
1. The licensee is not presently under investigation by the board.
2. The board has not commenced any disciplinary proceeding against the licensee.
B. The board may grant an inactive license and waive the renewal fees and requirements for continuing medical education specified by section 32‑1434 if the licensee provides evidence to the board's satisfaction that the licensee has totally retired from the practice of medicine in this state and any state, territory and district of the United States or any foreign country and has paid all of the fees required by this chapter before the request. The board may grant pro bono registration pursuant to section 32‑1428 to a physician who holds an inactive license under this section.
C. During any period in which a medical doctor holds an inactive license, that person shall not engage in the practice of medicine or continue to hold or maintain a drug enforcement administration controlled substances registration certificate, except as permitted by a pro bono registration pursuant to section 32‑1428. Any person who engages in the practice of medicine while on inactive license status is considered to be a person who practices medicine without a license or without being exempt from licensure as provided in this chapter.
D. The board may convert an inactive license to an active license if the applicant pays the renewal fee and presents evidence satisfactory to the board that the applicant possesses the medical knowledge and is physically and mentally able to safely engage in the practice of medicine. The board may require any combination of physical examination, psychiatric or psychological evaluation or successful passage of the special purpose licensing examination or interview it finds necessary to assist it in determining the ability of a physician holding an inactive license to return to the active practice of medicine.
Sec. 4. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3217, to read:
32-3217. Exception from licensure or regulation requirements; free medical clinic
notwithstanding any other law, a health professional who provides services at a free medical clinic that does not provide abortions may do so without being licensed or otherwise authorized pursuant to this title for a total of up to sixty days each calendar year if the health professional meets all of the following requirements:
1. holds an unrestricted active license or other authorization in good standing that is issued by a health profession regulatory agency of a jurisdiction in the united states or holds an inactive license issued by a regulatory board in this state and was in good standing with that regulatory board before changing the license to inactive status.
2. restricts the health professional's authorized services and duties to the provision of care or service at a free medical clinic.
3. provides only the care or services that the health professional is licensed or authorized to provide by the health professional's regulatory agency or this state's regulatory board for the same health profession, whichever is more stringent.
4. provides to the free medical clinic a copy of the health professional's current license or authorization to practice, which the clinic must retain for two years.